MARYLAND SEX-OFFENDER REGISTRATION AND NOTIFICATION

Transcription

1 MARYLAND SEX-OFFENDER REGISTRATION AND NOTIFICATION CONTACT INFORMATION Maryland Department of Public Safety and Correctional Services Sex-Offender-Registry Unit PO Box 5743 Pikesville, MD Telephone: or NUMBER OF REGISTERED 2,923 as of January 28, SEX OFFENDERS 1. WHO IS REQUIRED TO REGISTER? The following persons must register: (1) a child sexual offender; (2) an offender; (3) a sexually violent offender; (4) a sexually violent predator; (5) a child sexual offender who, before moving into Maryland, was required to register in another state or by a federal, military, or Native American tribal court for an offense that occurred before October 1, 1995; (6) an offender, sexually violent offender, or sexually violent predator who, before moving into Maryland, was required to register in another state or by a federal, military, or Native American tribal court for an offense that occurred before July 1, 1997; or (7) a child sexual offender, offender, sexually violent offender, or sexually violent predator who is required to register in another state, who is not a resident of Maryland, and who enters Maryland to: (a) (b) (Md. Code Ann., Crim. Proc (a)) 2. WHAT DOES CHILD SEXUAL OFFENDER MEAN? carry on employment; or attend a public or private educational institution, including a secondary school, trade or professional institution, or institution of higher education, as a part- or full-time student. Child sexual offender means a person who has been convicted of: (1) sexually abusing a minor; (2) violating any rape or sexual offense involving a minor under 15; (3) violating the fourth-degree sexual offense statute for an offense involving a minor under 15 and has been ordered by a court to register; or (4) an offense listed in (1) or (2) above committed in another state or in a federal, military, or Native American tribal court. (Md. Code Ann., Crim. Proc (b))

2 3. WHAT DOES OFFENDER MEAN? Offender means a person who is ordered by a court to register and who has been convicted of: (1) child kidnapping; (2) kidnapping or of fourth-degree sexual offense, if the victim is under 18; (3) the common law offense of false imprisonment, if the victim is under 18 and the offender is not the victim s parent; (4) an offense that involves soliciting a person under 18 to engage in sexual conduct; (5) violating the child-pornography statute; (6) violating any of the prostitution and related offenses statutes if the intended prostitute or victim is under 18; (7) an offense that involves conduct that by its nature is a sexual offense against a person under 18; (8) an attempt to commit an offense listed in (1) through (7) above; or (9) an offense listed in (1) through (8) above committed in another state or in a federal, military, or Native American tribal court. (Md. Code Ann., Crim. Proc (d)) 4. WHAT DOES SEXUALLY VIOLENT OFFENDER MEAN? Sexually violent offender means a person who has been convicted of: (1) a sexually violent offense; or (2) an attempt to commit a sexually violent offense. (Md. Code Ann., Crim. Proc (f)) 5. WHAT DOES SEXUALLY VIOLENT OFFENSE MEAN? Sexually violent offense means: (1) rape in the first or second degree; (2) sexual offense in the first, second, or third degree; (3) attempted rape in the first or second degree; (4) attempted sexual offense in the first or second degree; (5) assault with the intent to commit rape in the first or second degree or a sexual offense in the first or second degree as prohibited on or before September 30, 1996; or (6) an offense committed in another state or in a federal, military, or Native American tribal jurisdiction that, if committed in Maryland, would constitute an offense listed in (1) through (5) above. (Md. Code Ann., Crim. Proc (g)) 6. WHAT DOES SEXUALLY VIOLENT PREDATOR MEAN? Sexually violent predator means: (1) a person who: (a) is convicted of a [subsequent] sexually violent offense; and (b) has been determined to be at risk of committing another sexually violent offense; or (2) a person who is or was required to register every 90 days for life under the laws of another state or a federal, military, or Native American tribal jurisdiction. (Md. Code Ann., Crim. Proc (h))

3 7. ARE JUVENILE OFFENDERS REQUIRED TO REGISTER? Please contact the Sex-Offender-Registry Unit or local law enforcement for information on juvenile offenders. 8. WHEN AND WHERE DOES AN OFFENDER REGISTER? Most sex offenders must register upon: (1) release; (2) being granted probation; or (3) being granted a suspended sentence. (Md. Code Ann., Crim. Proc (b)) A child sexual offender must register in person with the local law-enforcement unit of the county where he or she will reside within seven days of release. (Md. Code Ann., Crim. Proc (c)(1)(i)) An offender must register with his or her supervising authority, meaning: (1) the Maryland Secretary of Public Safety and Correctional Services if an offender: (a) is in the custody of a correctional facility operated by the Maryland Department of Public Safety and Correctional Services; (b) is in Maryland as an out-of-state parolee ; (c) moves to Maryland and was convicted in another state of an offense that would require him or her to register if the offense was committed in Maryland; (d) moves to Maryland from another state where he or she was required to register; (e) is convicted in a federal, military, or Native American tribal court and is not under supervision by another supervising authority; or (f) is not a resident of Maryland and has been convicted in another state or by a federal, military, or Native American tribal court; (2) the administrator of a local correctional facility, if an offender, including a participant in a home-detention program, is in the custody of the local correctional facility; (3) the court that granted the probation or suspended sentence, except as provided in (1)(f) above, if an offender is granted probation before judgment, probation after judgment, or a suspended sentence; (4) the Director of the Patuxent Institution, if an offender is in the custody of the Patuxent Institution; (5) the Maryland Secretary of Health and Mental Hygiene, if an offender is in the custody of a facility operated by the Maryland Department of Health and Mental Hygiene; (6) the court in which the offender was convicted if his or her sentence does not include a term of imprisonment; or (7) the Maryland Director of Parole and Probation, if an offender is under the supervision of the Division of Parole and Probation. (Md. Code Ann., Crim. Proc (i), (a)) 9. WHAT INFORMATION MUST AN OFFENDER PROVIDE AT THE TIME OF REGISTRATION? A registration statement must include: (1) the offender s: (a) name and any aliases used; (b) address; (c) social-security number; (d) place of employment, if he or she works, but does not live, in Maryland;

4 (e) educational institution or place of school enrollment, if he or she goes to school, but does not live, in Maryland; (2) for an offender enrolled, or expecting to enroll, in an institution of higher education in Maryland as a full- or part-time student, the name and address of the institution of higher education; (3) for an offender who carries on employment, or expects to carry on employment, at an institution of higher education in Maryland, the name and address of the institution of higher education; (4) a description of the offense for which the offender was convicted; (5) the date of conviction; and (6) the jurisdiction of conviction. (Md. Code Ann., Crim. Proc (a)) If an offender is a sexually violent predator, the registration statement must also include: (1) identifying factors, including a physical description; (2) anticipated future residence, if known at the time of registration; (3) offense history; and (4) documentation of treatment received for a mental abnormality or personality disorder. (Md. Code Ann., Crim. Proc (b)) 10. WHAT HAPPENS IF AN OFFENDER CHANGES HIS OR HER ADDRESS OR OTHER REGISTRATION INFORMATION DURING THE REGISTRATION PERIOD? An offender who changes residences must send written notice of the change to the Maryland Department of Public Safety and Correctional Services within seven days after the change occurs. (Md. Code Ann., Crim. Proc (d)) An offender who commences or terminates employment at an institution of higher education in Maryland must send written notice to the Maryland Department of Public Safety and Correctional Services within seven days after the commencement or termination of employment. (Md. Code Ann., Crim. Proc (e)(2)) A registrant who commences or terminates enrollment as a full- or part-time student at an institution of higher education in Maryland must send written notice to the Maryland Department of Public Safety and Correctional Services within seven days after the commencement or termination of enrollment. (Md. Code Ann., Crim. Proc (e)(1)) 11. WHAT HAPPENS IF AN OFFENDER MOVES FROM MARYLAND TO ANOTHER STATE? If an offender moves out of Maryland, he or she must notify the Maryland Department of Public Safety and Correctional Services, in writing, within seven days of moving. (Md. Code Ann., Crim. Proc (d)) The Maryland Department of Public Safety and Correctional Services is responsible for providing appropriate notice to the designated local law-enforcement unit in the new state of residence. If the new state has a registration requirement, an offender must register with the designated law-enforcement unit of that state within seven days after moving. (Md. Code Ann., Crim. Proc (a)(2)(iv); (a)(2)(ii))

5 If an offender changes employment or school enrollment to another state that has a registration requirement, he or she must register with the designated law-enforcement unit of that state within seven days after making the change. (Md. Code Ann., Crim. Proc (a)(2)(iv); (a)(2)(ii)) 12. IS AN OFFENDER WHO MOVES FROM ANOTHER STATE TO MARYLAND REQUIRED TO REGISTER? An out-of-state offender must register with the supervising authority in Maryland within seven days of either: (1) establishing a temporary or permanent residence in Maryland; or (2) applying for a Maryland driver s license, whichever occurs first. (Md. Code Ann., Crim. Proc (b)(2)) A child sexual offender must register in person with the local law-enforcement unit of the county where he or she will reside within seven days after registering with the supervising authority. (Md. Code Ann., Crim. Proc (c)(1)(ii)) 13. WHAT IF AN OFFENDER LIVES IN ANOTHER STATE BUT WORKS OR GOES TO SCHOOL IN MARYLAND? An out-of-state offender who does not intend to live in Maryland, but who does plan to work or go to school in Maryland, must register within 14 days of beginning employment or registering as a student. (Md. Code Ann., Crim. Proc (b)(3)) Within seven days after registering with the supervising authority, a child sexual offender who is not a resident of Maryland, but who works or attends school in Maryland, must register in person with the local law-enforcement unit of the county where he or she will work or attend school. (Md. Code Ann., Crim. Proc (c)(2)) 14. IS REGISTRATION A LIFETIME REQUIREMENT? The term of registration is: (1) 10 years; or (2) life, if: (a) an offender is a sexually violent predator; (b) an offender has been convicted of a sexually violent offense; (c) an offender has been convicted of committing a sexual act involving penetration of a minor under 12; or (d) an offender has been convicted of a prior offense as a child sexual offender, an offender, or a sexually violent offender. (Md. Code Ann., Crim. Proc (a)(4)) An offender who is not a resident of Maryland must register for the appropriate time specified above or until his or her employment or student enrollment in Maryland ends. (Md. Code Ann., Crim. Proc (a)(5)) 15. ARE THERE ANY PENALTIES FOR FAILING TO REGISTER OR FOR PROVIDING FALSE INFORMATION? A registrant who knowingly fails to register, knowingly fails to provide required written notice, or knowingly provides false information of a material fact is guilty of a misdemeanor and, on conviction, is subject to imprisonment not exceeding three years, a fine not exceeding $5,000, or both. (Md. Code Ann., Crim. Proc (a); (b))

6 16. WHAT INFORMATION IS RELEASED TO THE PUBLIC ABOUT REGISTERED OFFENDERS? Designated local law-enforcement units must send a copy of an offender s registration statement to a member of the public who makes a written request. The request must include the name and address of the person submitting the request and the reason for the request. (Md. Code Ann., Crim. Proc (b)) By sending a written request, including the reason for the request, to the Maryland Department of Public Safety and Correctional Services, Sex-Offender-Registry Unit, a person may be entitled to a copy of a registration statement or a copy of the central registry, in whole or in part. (Md. Code Ann., Crim. Proc ) 17. CAN I SEARCH THE INTERNET FOR OFFENDERS IN MY AREA? Maryland s Sex-Offender Registry is online at Information available includes the offender s: (1) name; (2) picture, if available; (3) last reported residence; (4) category of offense; (5) description of convicted offense; (6) status; (7) contact information to provide or obtain additional information about the offender; and (8) last reported Maryland employer/school zip code, if the registrant is a resident of another state but works or goes to school in Maryland.